Death row inmate loses appeal over lawyer-drugs claim

U.S. District Judge Sam Cummings on Tuesday denied a motion for a new trial filed by a death row inmate who claimed that his attorney used alcohol and cocaine during his capital murder trial.

Joe Lee Guy, 28, of Plainview was sentenced to die for the 1993 robbery and shooting of a clerk at Howell's Grocery and Market in Plainview.

He was represented during his trial by Lubbock attorney Richard Wardroup, who has practiced law for about 20 years. Wardroup acknowledged in depositions that he has used cocaine, methamphetamine and alcohol, but said he didn't abuse them during Guy's trial.

Guy reportedly served as the lookout during the grocer's slaying. He was one of three people convicted in the shooting death of Larry Howell, 52, whose mother, French Howell, 81, also was shot. She survived her injuries but has since died of natural causes.

In his motion for a new trial, Guy claimed that Wardroup was ''in the throes of drug and alcohol addiction during trial.''

A former secretary and former girlfriend to Wardroup testified in her affidavit that she and Wardroup did lines of cocaine one morning on the drive to Plainview for trial.

''Even if true, this does not show that Wardroup provided ineffective assistance,'' Cummings said in his ruling.

Cummings went on to add, ''Although Wardroup clearly admits to having experimented with drugs during the pretrial phase of Guy's case, and to having abused drugs and alcohol during part of the time of Guy's direct appeal, the characterization of Wardroup defending Guy at trial while in the 'throes of drug and alcohol addiction' is wholly unsupported by any credible evidence.''

Steve Wells, an attorney from Minneapolis who represented Guy in his request for a new trial, said he ''obviously disagrees with the court.''

A special prosecutor in the case, Katherine Hayes with the Texas Attorney General's Office, was out of town Wednesday and could not be reached for comment.

Wardroup did not return calls Wednesday.

Guy's cousin, Thomas Howard, and their friend, Ronald Springer, also were convicted in the slaying of the grocer. Each was sentenced to life in prison. Howard reportedly was the triggerman.

Guy and his attorneys claimed that the differences in sentencing were a ''gross disparity.''

Cummings stated in his ruling, however, that there's no requirement that two people convicted of the same crime receive identical sentences.

In another claim, Guy said the main investigator in his case, Frank SoRelle, had a conflict of interest because he curried favor with the surviving victim, French Howell, in order to inherit her estate.

SoRelle was named the beneficiary of French Howell's estate in her will dated Oct. 24, 1994.

''There is no credible evidence to prove that SoRelle ever affirmatively worked ... to undermine Guy's defense in an effort to obtain or inherit the estate of Mrs. Howell,'' Cummings said in his ruling.

Wells said he needs more time to review the ruling before deciding whether to appeal to the 5th U.S. Circuit Court of Appeals in New Orleans.